dismissed H-1B Case: Accounting

MATTER OF DKE- LLC 
APPEAL OF VERMONT SERVICE CENTER DECISION 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: MAY26,2016 
PETITION: FORM I-129, PETITION FOR A NONIMMIGRANT WORKER 
The Petitioner, a convenience store with three employees, seeks to temporarily employ the 
Beneficiary as an "accountant" under the H-1 B nonimmigrant classification. See Immigration and 
Nationality Act (the Act) section IOI(a)(IS)(H)(i)(b), 8 U.S.C. § 1101(a)(l5)(H)(i)(b). The H-1B 
program allows a U.S. employer to temporarily employ a qualified foreign worker in a position that 
requires both (a) the theoretical and practical application of a body of highly specialized knowledge 
and (b) the attainment of a bachelor's or higher degree in the specific specialty (or its equivalent) as 
a minimum prerequisite for entry into the position. 
The Director, Vermont Service Center, denied· the pelit10n. The Director concluded that the 
Petitioner did not establish that (I) the proffered position qualifies as a specialty occupation in 
accordance with the applicable statutory and regulatory provisions, and (2) the Beneficiary qualifies 
for a specialty occupation position. 
The matter is now before us on appeal. We will summarily dismiss the appeal. 
I. LEGAL FRAMEWORK 
An officer will summarily dismiss an appeal when the Petitioner does not identify specifically any 
erroneous conclusion of law or statement of fact for the appeal. 8 C.F.R. § 1 03.3(a)(1)(v). · 
II. DISCUSSION 
The Petitioner marked Box !(b) in Part 3 of the Form I-290B, Notice of Appeal or Motion, to 
indicate that a brief and/or additional evidence would be submitted within 30 days of filing the 
appeal. However, we did not receive a brief or additional evidence within the allotted timeframe. 
Moreover, the Petitioner did not provide a separate statement regarding the basis of the appeal, as 
instructed at Part 4 of the Form I-290B. Accordingly, the record is considered complete. 
Upon review of the appeal, we conclude that the Petitioner has not specifically identified any 
erroneous conclusion of law or statement of fact as a basis for the appeal. Further, the Petitioner has 
made no reference or objection to the specific findings set forth in the Director's decision. 
Matter of DKE- LLC 
III. CONCLUSION 
The burden is on the Petitioner to show eligibility for the immigration benefit sought. Section 291 of 
the Act, 8 U.S.C. § 1361; Matter ofOtiende, 26 I&N Dec. 127, 128 (BIA 2013). Inasmuch as the 
Petitioner has not specifically identified an erroneous conclusion of law or a statement of fact in this 
proceeding, the Petitioner has not met that burden. 1 
ORDER: The appeal is summarily dismissed pursuant to 8 C.F.R. § I 03.3(a)(l )(v). 
. Cite as Matter of DKE- LLC, ID# 18317 (AAO May 26, 20 16) 
1 According to the New Hampshire State Corporate Division, the Petitioner's corporate status is "not in good standi~g." 
2